Flexible Working Policy
Flexible working, we believe adds to our whole hearted commitment to Equal Opportunities trying whenever possible to promote a healthy work life balance. We understand and recognise that there may be times in an individual’s working life when alterations to working practices may be required due to changes in their personal circumstances.
In light of this our policy divides into two categories: all employees can request changes to their working pattern through our informal process whilst eligible employees (see below) can apply through the formal procedure.
Any employee making an application under this policy will not suffer a detriment to their promotion prospects, training opportunities or general prospects in the business for doing so.
We will start from the premisethat all applications should be successful – managers (who are responsible for the formal decision) will be encouraged to accommodate requests unless they can show there is a genuine business need/requirement for the employee to remain on their existing working arrangements.
Multiple requests from within one working area will be dealt with on a case by case basis but where all requests cannot be accommodated due to a potential adverse impact on the organisation, selection of successful requests may be subject to [state criteria].
This policy does not form part of your contract of employment and can be amended or withdrawn at any time. This does affect the rights of those eligible personnel who make a formal application in line with the current statutory provisions which are governed by specific legislation.
Formal procedure
Requests under the formal procedure can only be made by eligible employees.
An eligible employee is someone who:
a)is an employee;
b)has worked for us continuously for 26 weeks at the date the request is made;
c)has not made a formal request to work flexibly during the last 12 months (each 12-month period runs from the date when the most recent application was made).
[OPTIONAL An employee shareholder can also request flexible working but the request must be made in the 14 days following his/her return from a period of parental leave.]
Making the request
You must submit a written and dated request to your [line manager or H.R. Department]in order that the formal process of consideration can begin. Please be aware that the period from application to acceptance or rejection can take up to three months. It is for that reason we would ask you to make any request as soon as you can before the amendments to your working practices are required.
To help us understand the basis of your request and in order to comply with the legislation surrounding this area of the employment relationship in your letter you must;
i)provide as much information as you can about your current and desired working pattern, including working days, hours and start and finish times, and give the date from which you want your desired working pattern to start;
ii)address the effect the changes to your working pattern will have on the work that you do, that of your colleagues and on service delivery. If you have any suggestions about dealing with any potentially negative effects, please include these in your written application;
iii)provide information to confirm that you meet the eligibility criteria set out above
iv)state whether you have made a previous formal request for flexible working and, if so, when; and
v)that you are making the request under Section 80F of the Employment Rights Act 1996.
Ideally this request should be submitted at least two months before you wish the changes you are requesting to take effect.
A draft letter to assist you can be found at the end of this policy.
The next step
Your line manager may be able to authorise the change without having to meet to discuss the application with you. This would however be extremely unusual assome discussion will inevitablybe required in order to identify how the change to working hours, location from where the work will be carried out, days of attendance will/can be accommodated and how that will affect your colleagues, if at all.
Assuming a meeting is to be held this would normally be arranged to take place as soon as practicable after your application has been made. You may wish to be supported during the meeting in which case you may bring a fellow work colleague [or trade union representative].
In most instances the meeting will be held at the workplace but again we can be flexible and if you wish, it could take place at any convenient location.
During the meeting your request will be discussed in detail, for example if you want to work from home one day per week issues may include, provision of homeinsurance, how does work get delivered/returned, how hours will be accounted for, what happens if you are sick and so on. It is also the opportunity to explore alternatives to your proposals if they cannot be met as requested. It is for this reason your letter requesting flexible workingshould be as full as possible as this will enable your line manager to consider different options before the meeting.
Before formalising the arrangement you and your line manager could agree a trial where neither party have committed to the change; this would enable us to make sure the alterations meet both your aspirations and the needs of the business or your colleagues.
Accepting the application
In the event your line manager agrees to the change or the arrangements prove satisfactory after a trial you will be sent a formal offer letter to change your terms and conditions.This letter will explain that any alteration will be a permanent change to your contract of employment and there will be no entitlement to revert to your old terms and conditions at a later date. You must sign and return the offer letter within [14] days to complete the process.
It may be that your manager requests an extension of time to consider what has been said at the meeting, if so, it is probably in your best interests to agree as this will invariably be because they are seeking further clarification from colleagues or consulting with them in order to accommodate the change.
Rejection of the application
Unfortunately there may be circumstances where, due to business and operational needs, your request cannot be granted. This is even when alternative proposals have been considered at the meeting detailed above.
If that is the case your line manager will write to you and they will:-
a)give the business reason(s) for turning down your application;
b)explain why the business reasons apply in your case; and
c)set out the appeal procedure.
The eight business reasons for which we may reject your request are:
a)the burden of additional costs;
b)detrimental effect on ability to meet customer demand;
c)inability to reorganise work among existing staff;
d)inability to recruit additional staff;
e)detrimental impact on quality;
f)detrimental impact on performance;
g)insufficiency of work during the periods that you propose to work; and
h)planned changes.
Appeals
If you are unhappy with the outcome to your flexible working request then you may appeal to someone of a higher level than the original decision maker and who has no prior involvement in the decision making process.
Your appeal must be in writing setting out the grounds of your appeal which might include a change in circumstance allowing the request to be accommodated and sent to the H.R. departmentwithin [14] days of receipt of the rejection letter.
If your appeal is successful then your request will be accepted as per the procedure above. If your appeal is rejected then a written reason for the decision will be sent to you.
Informal requests
If you are not an eligible employee or only wish to request a short term alteration to your working hours then you should use the informal request procedure. We would prefer you to do this so that you do not have to be worried about repeatedly asking for time off and work load can be reorganised on the basis that everyone is aware of the change.
Equally if you are not an eligible employee we will still consider a permanent alteration in your patterns of working. All the above will need to be considered against the needs of the business and the transfer of work to your colleagues.
The process of requesting any such change through the informal procedure is similar to the formal approach detailed above but condensed. The steps to be taken are that you:
a)make your request in writing to [LINE MANAGER/HR DEPARTMENT] and confirm whether you wish any change to your current working pattern to be temporary or permanent;
b)provide as much information as you can about your current and desired working pattern, including working days, hours and start and finish times, and give the date from which you want your desired working pattern to start;
c)think about what effect the changes to your working pattern will have on the work that you do and on your colleagues, as well as on our service delivery [and that of your team OR department]. If you have any suggestions about dealing with any potentially negative effects, please include these in your written application. [Your line manager OR [POSITION]] can then consider whether they are workable; and
d)give any background information in support of your request.
Your line manager, once in receipt of the above information, will normally ask you to attend a meeting to discuss the request and subsequent decision.
You should be aware that the effectiveness of changes agreed under the informal procedure will be regularly monitored. If the agreed arrangements clash with the Company’s organisational needs then we reserve the right to insist upon a return to your earlier contractual position.
A right of appeal exists should your request be refused.
June 2014